dgs
06-23 12:57 PM
Thanks for your responses and I hear you folks!
But in the interest of understanding the law I would like to discuss the original question further....
Also,
U.S. Department of Labor — Employment Standards Administration (ESA) — Wage and Hour Division (WHD) — Admission of Temporary H2A Workers (http://www.dol.gov/whd/regs/statutes/H1BStatuteINA212.htm)
(II) It is a violation of this clause for an employer who has filed an application under this subsection to require an alien who is the subject of a petition filed under section 214(c)(1), for which a fee is imposed under section 214(c)(9), to reimburse, or otherwise compensate, the employer for part or all of the cost of such fee. It is a violation of this clause for such an employer otherwise to accept such reimbursement or compensation from such an alien.
But it appears toothless because the fine is $1000.
-b
bobzibub - I appreciate the specific insight. But unless I misunderstood (and I would be happy to be corrected) Isn't what you are citing just about the fraud fee of $1500? That is a very specific type of fee payable on first filing. Generalizing that across any and all types of fees related to an H1B extension would not be the correct interpretation of the law.
Typical types of fees :
H1B Labor
USCIS (H1 Extension Petition)
USCIS (Premium Processing if applicable)
USCIS (Fraud fee if applicable)
Attorney fees
It appears that the labor and fraud fee is payable by the employer. But the rest (specifically on 2nd or later extension) can be payable entirely or partially by the employee.
It would be very helpful if any of the immigration lawyers who typically advertise/post here could contribute with some basic guidance.
Thanks.
But in the interest of understanding the law I would like to discuss the original question further....
Also,
U.S. Department of Labor — Employment Standards Administration (ESA) — Wage and Hour Division (WHD) — Admission of Temporary H2A Workers (http://www.dol.gov/whd/regs/statutes/H1BStatuteINA212.htm)
(II) It is a violation of this clause for an employer who has filed an application under this subsection to require an alien who is the subject of a petition filed under section 214(c)(1), for which a fee is imposed under section 214(c)(9), to reimburse, or otherwise compensate, the employer for part or all of the cost of such fee. It is a violation of this clause for such an employer otherwise to accept such reimbursement or compensation from such an alien.
But it appears toothless because the fine is $1000.
-b
bobzibub - I appreciate the specific insight. But unless I misunderstood (and I would be happy to be corrected) Isn't what you are citing just about the fraud fee of $1500? That is a very specific type of fee payable on first filing. Generalizing that across any and all types of fees related to an H1B extension would not be the correct interpretation of the law.
Typical types of fees :
H1B Labor
USCIS (H1 Extension Petition)
USCIS (Premium Processing if applicable)
USCIS (Fraud fee if applicable)
Attorney fees
It appears that the labor and fraud fee is payable by the employer. But the rest (specifically on 2nd or later extension) can be payable entirely or partially by the employee.
It would be very helpful if any of the immigration lawyers who typically advertise/post here could contribute with some basic guidance.
Thanks.
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sioux
01-25 09:43 AM
My wife's online status shows an RFE was issued on her EAD renewal. The only possible problem we consider is that there may have been a mistake in the printing of the name. She did not keep a copy of the form, so right now we are unawaare of why the rfe was issued.
IF it is the problem of the name, what documents should we be sending? Passport and birth certificates are in the maiden name. any help is appreciated.
IF it is the problem of the name, what documents should we be sending? Passport and birth certificates are in the maiden name. any help is appreciated.
rimzhim
03-01 12:12 PM
OK, Im surprised no one has started this yet ? I know I will get lot of crazy comments and equivalent of e- eggs and tomatoes. But its March 1st buddies and no one started this, so to keep the tradition alive Ill be the sacrificial lamb this time :)
My predicton, best case scenario no change in any category. If anything EB3 World and EB2 India will retrogress backwards.
according to shusterman.com,
http://www.shusterman.com/
the new CIR will become effective from 01/08. Let's wait until then for the predictions.
My predicton, best case scenario no change in any category. If anything EB3 World and EB2 India will retrogress backwards.
according to shusterman.com,
http://www.shusterman.com/
the new CIR will become effective from 01/08. Let's wait until then for the predictions.
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Michael chertoff
05-11 12:23 PM
why do you think illegal kids suffer more? Isn't getting a visa stamped suffering these days? The whole argument about "parents made a mistake and why do you want kids to suffer" is a total BS i think. It is parents choice and parents know better about their kids.
btw try to work on your writing skills a bit
Your English is perfect.
btw try to work on your writing skills a bit
Your English is perfect.
more...
skagitswimmer
January 7th, 2007, 04:31 PM
Just to return to the camera from the philosophy for a sec. The Leica rangefinders have been legendary since WWII at least, and outclassed the Canon and Nikon slr's at least up to the '70 s. The lenses were widely regarded as the best in the world. My questions are whether you think that they are now gaining a foothold of superiority in digital cameras as they used to do in film. Is the sensor (not even sure what kind it is) better than your canon's? And what flows from that - are you retiring your canon gear to go Leica?
admin
02-08 05:23 PM
Excellent Job Guys.
Is it possible to provide the exact agenda we are trying to promote with the Firm?
This is great news. Finally, when we tell our friends/communities, we have something concrete to tell them.
Some of the volunteers have worked day and night for this purpose and they will continue to work with QGA on further details and we'll be making them public as appropriate.
Is it possible to provide the exact agenda we are trying to promote with the Firm?
This is great news. Finally, when we tell our friends/communities, we have something concrete to tell them.
Some of the volunteers have worked day and night for this purpose and they will continue to work with QGA on further details and we'll be making them public as appropriate.
more...
indyanguy
09-20 03:40 PM
I dont know what I have a red dot :) what did I do, I would like to know.
Good luck. It's very rare I come across someone who is not too risk averse and are willing to take bold steps, so green from me for taking steps to inc a company on EAD.
Good luck. It's very rare I come across someone who is not too risk averse and are willing to take bold steps, so green from me for taking steps to inc a company on EAD.
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looivy
11-13 12:25 PM
Thanks . I forgot about the payslip. I also included a letter from Employer stating that I am a full time employee going on vacation for X days and a notarized copy of my H1 petition (797).
However, I did not book (and so did not send) my air tickets before visa.
Even without going through the agent you will possibly get it in about 2 weeks or less by mail ...
Thanks all for your helpful replies.
I have I-797 H1 approval notice. Can I get it stamped at London US Consulate. This will save me a trip to Canda/Mexico or India
However, I did not book (and so did not send) my air tickets before visa.
Even without going through the agent you will possibly get it in about 2 weeks or less by mail ...
Thanks all for your helpful replies.
I have I-797 H1 approval notice. Can I get it stamped at London US Consulate. This will save me a trip to Canda/Mexico or India
more...
bkshres
12-21 04:26 PM
My lawyer said to me that from July 2007 with new fee schedule, EAD and Advance parole will be for 2 years.
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eb3_nepa
02-16 03:54 PM
Dude,
First we need to be sure we have enough "kidneys" to make up a good number for the rally. Getting the legal permision for demonstration without knowing if we have even enough strength to makeup the rally is like asking for drivers license without even knowing how to drive.
Regards
iptel
I agree. Surely we need to tell the authorities how many ppl are congregating appromimately?
First we need to be sure we have enough "kidneys" to make up a good number for the rally. Getting the legal permision for demonstration without knowing if we have even enough strength to makeup the rally is like asking for drivers license without even knowing how to drive.
Regards
iptel
I agree. Surely we need to tell the authorities how many ppl are congregating appromimately?
more...
boreal
08-29 01:41 PM
Btw, my EAD doesn't show any FP on it.
My first EAD didnt have any FP on it and my renewal EAD doesnt have my FPs either. Says "no finger print available". Another Interesting fact is that i never had any LUD on my 485 even after finger-printing (11/2007). Makes me think if USCIS even has my FPs at all...anyone knows if its alright? (Infact i even called that FBI number and they did verify that the Fingerprints (results?) were sent back to USCIS the next day after i was Finger printed..)..but USCIS being USCIS, never know what happened to my finger prints..I wont be surprised, two years from now, they would send me another notice to go get finger printed..
My first EAD didnt have any FP on it and my renewal EAD doesnt have my FPs either. Says "no finger print available". Another Interesting fact is that i never had any LUD on my 485 even after finger-printing (11/2007). Makes me think if USCIS even has my FPs at all...anyone knows if its alright? (Infact i even called that FBI number and they did verify that the Fingerprints (results?) were sent back to USCIS the next day after i was Finger printed..)..but USCIS being USCIS, never know what happened to my finger prints..I wont be surprised, two years from now, they would send me another notice to go get finger printed..
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pointlesswait
03-31 10:00 AM
these numbers dont include the cases for which they are awaiting action from the individuals (thats what it says on the website)...so my guess they must have sent RFE's for the rest..;-)..
also .. i think they put out some numbers to get the monkey off their back....
I checked USCIS's report for pending / incoming application for Dec 2008. and it shows some where 600k 485 pending including all Eb / Fb and refusee etc.. while in this current article total for all 485 comes 370888. Which means either they have adjucted 230k I 485s in 2 months. Which doesnot seems to be correct. They may have adjucted 485 for immidiate relative without using visa numbers but still 230k in 2 months seems very high.
also .. i think they put out some numbers to get the monkey off their back....
I checked USCIS's report for pending / incoming application for Dec 2008. and it shows some where 600k 485 pending including all Eb / Fb and refusee etc.. while in this current article total for all 485 comes 370888. Which means either they have adjucted 230k I 485s in 2 months. Which doesnot seems to be correct. They may have adjucted 485 for immidiate relative without using visa numbers but still 230k in 2 months seems very high.
more...
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Brightsider
09-07 09:38 AM
Hope things have becoming clearer.
Hate to sound discouraging, but any issue of prolonged absence can create problems.
I say 'can', only because of the vagaries at POE.
Even after getting the green card, it is not advisable to stay away for more than six months a year.....although people have done it.
Once the green card has been received, you guys can take a re-entry permit, which allows staying away for a longer period of time. I am not sure, but I think it is valid for two-years.
You had been asking about the pre-green card stage and I know I have been talking about the post-gc one.
My two cents on the pre-gc issue is go to a good lawyer....even if you have to pay top dollar. Apart from the advice, you will also have legal back-up, should you choose to send your daughter to India.
Lastly, have you considered having your daughter study for pre-requisite courses here while your green card journey reaches a destination. Then you can take a re-entry permit and breathe easy.
Best of luck.
Hate to sound discouraging, but any issue of prolonged absence can create problems.
I say 'can', only because of the vagaries at POE.
Even after getting the green card, it is not advisable to stay away for more than six months a year.....although people have done it.
Once the green card has been received, you guys can take a re-entry permit, which allows staying away for a longer period of time. I am not sure, but I think it is valid for two-years.
You had been asking about the pre-green card stage and I know I have been talking about the post-gc one.
My two cents on the pre-gc issue is go to a good lawyer....even if you have to pay top dollar. Apart from the advice, you will also have legal back-up, should you choose to send your daughter to India.
Lastly, have you considered having your daughter study for pre-requisite courses here while your green card journey reaches a destination. Then you can take a re-entry permit and breathe easy.
Best of luck.
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swarnapuri
05-08 09:24 AM
Have you signed a non-compete agreement with your current employer. If so, I would suggest you to consult a attorney before taking any decision. You can call your local attorneys association and ask them to refer an attorney. Using this method you might get a free first consultation for 1 hour.
more...
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txuser
03-05 08:44 AM
unlike US immigration ,CA immigration is straight forward and easy to apply on your own , i did on my own and got it quickly and ofcourse i didn't go there due to job market ...
Atlgc and others, I am also planning to apply for immigration to Canada and have a couple of questions regarding the same. Thanks in advance for your help.
My Background: I am an Indian Citizen, have a Bachelors Degree in Electronics and Communication Engg and have been working as a Software Engineer for the past 5+ years.
- Did you apply via Federal or Provincial Skilled Worker Immigration?
Also, through which province did you apply in the case of Provincial Skilled Worker?
- In the Federal Skilled category, I didn't see 'Software Engineers' in the list - Only IT Project Managers. So I'm not sure if I qualify. Please let me know.
- Which one is faster and approximately how much time it took in your case?
Thanks,
Jake.
Atlgc and others, I am also planning to apply for immigration to Canada and have a couple of questions regarding the same. Thanks in advance for your help.
My Background: I am an Indian Citizen, have a Bachelors Degree in Electronics and Communication Engg and have been working as a Software Engineer for the past 5+ years.
- Did you apply via Federal or Provincial Skilled Worker Immigration?
Also, through which province did you apply in the case of Provincial Skilled Worker?
- In the Federal Skilled category, I didn't see 'Software Engineers' in the list - Only IT Project Managers. So I'm not sure if I qualify. Please let me know.
- Which one is faster and approximately how much time it took in your case?
Thanks,
Jake.
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GCAmigo
08-01 12:08 PM
nice "catch"!
more...
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gc_on_demand
09-06 10:05 AM
Hi,
I got an RFE to prove that i have 5 years experience prior to my priority date. I worked for Big indian consultancy but didnot formally resign while leaving the companey. I am plannning to submit supervisor affidavits. Can some one shed some light, to see if those will be suffitient. I saw some people getting denials after experience RFE and worrid abt what i should do.
I mentioned 6 months experience from previous desi employer in labor.. During I 140 I submitted exp letter from friend who was working with same company in past.. Now he is working in diff company. I got I 140 approved without REF and it was approved in 3 months recently.
I got an RFE to prove that i have 5 years experience prior to my priority date. I worked for Big indian consultancy but didnot formally resign while leaving the companey. I am plannning to submit supervisor affidavits. Can some one shed some light, to see if those will be suffitient. I saw some people getting denials after experience RFE and worrid abt what i should do.
I mentioned 6 months experience from previous desi employer in labor.. During I 140 I submitted exp letter from friend who was working with same company in past.. Now he is working in diff company. I got I 140 approved without REF and it was approved in 3 months recently.
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nikamd
05-09 05:05 PM
Alterego and GCmuddu_H1BVaddu,
Thanks for the information. It is really useful.
BTW after your contact with the congress aide how long did it take to get your approval.
Also how do you get to third level IO when you call. I don't get transferred at all.
Thanks a lot.
Thanks for the information. It is really useful.
BTW after your contact with the congress aide how long did it take to get your approval.
Also how do you get to third level IO when you call. I don't get transferred at all.
Thanks a lot.
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minimalist
10-10 12:55 PM
yeah it is damn funny and so is your life.
my life is going to be funny. May be I should start taking bets on how long this thread is going to be alive. (Hint: Search the IV forums for "lawsuit" and you will see the lifecycle of these threads started by folks who want to start a new never before seen legal battle to emerge victorious.)
my life is going to be funny. May be I should start taking bets on how long this thread is going to be alive. (Hint: Search the IV forums for "lawsuit" and you will see the lifecycle of these threads started by folks who want to start a new never before seen legal battle to emerge victorious.)
pappu
12-15 11:12 AM
While I am not affiliated to nor trying to promote the following web site, you may get some information on 140 approval ..
BTW These people had been trying to spam our site in the past with their ads. Such sites are run by fellow immigrants who themselves had suffered from greencard delays in the past. But they never post any note on their site about IV even when requested.
BTW These people had been trying to spam our site in the past with their ads. Such sites are run by fellow immigrants who themselves had suffered from greencard delays in the past. But they never post any note on their site about IV even when requested.
greencard_fever
01-17 08:43 PM
I have not completed my MS and changed my status to H-1B after 2 semesters and since then I am working on H-1B I have almost all the paystubs except the starting three months of H1 when i was unable to get on project which also means that i don't have W-2 for that year, however since then i have all the paystubs and two years W-2, I have changed my employer and now have H-1B valid till 2010 but still I am very scared to go for stamping.
Anyone in this situation and can suggest me what can i do so that stamping for me can be smooth and hassle free.Here again is a gist of case for better suggestions
1)I have bachelors degree in computer science from India
2)I Reported to my Schools International office that I have got a good opportunity in my field so I am leaving F-1 status and also gave her a copy of my H-1 approval
3)Just to be on safe side i have enrolled in one class till october 1 and then dropped it since my H-1 started on OCT 1
4) Have 2 years W-2 and latest pay stubs
5) I have Advance parole but don't want to use it because I am not married and might get problems in getting H-4 for my would be wife
My Worries:
1) Very first question will be why didn't you completed your masters???
2) What if he says he cant evaluate my credentials and ask me to go to home country which will be the most painful thing ever
3 I was once rejected for F-1 and got it next time so he might say that you tried twice for F-1 and you didn't completed your studies???
Gurus Please advise.. I have heard of people hiring lawyer who accompanies you in canada .. how effective is that???
One of my friend was in same situation as you are in now.since he droped out from school from second semister he completed 6 courses (18 credit hr),after he worked in H1 for 2 years he againg joined the same school for an MBA program and he managed to transfer some credit hours from previous courses,he enrolled in most of the online courses offered by the school and finished his MS.
Here is what he experienced at the time of Stamping.
1) Why did you left the school from second semister?
He said he got the nice job offer which he can not turn down
2) Why did he go back to school after two years
He said that he needed the MBA at his current working company to move on to better position.
He got his visa after the W2 and pay stubs verified by the counsler (latest 5 stubs)
hope this info helps
Anyone in this situation and can suggest me what can i do so that stamping for me can be smooth and hassle free.Here again is a gist of case for better suggestions
1)I have bachelors degree in computer science from India
2)I Reported to my Schools International office that I have got a good opportunity in my field so I am leaving F-1 status and also gave her a copy of my H-1 approval
3)Just to be on safe side i have enrolled in one class till october 1 and then dropped it since my H-1 started on OCT 1
4) Have 2 years W-2 and latest pay stubs
5) I have Advance parole but don't want to use it because I am not married and might get problems in getting H-4 for my would be wife
My Worries:
1) Very first question will be why didn't you completed your masters???
2) What if he says he cant evaluate my credentials and ask me to go to home country which will be the most painful thing ever
3 I was once rejected for F-1 and got it next time so he might say that you tried twice for F-1 and you didn't completed your studies???
Gurus Please advise.. I have heard of people hiring lawyer who accompanies you in canada .. how effective is that???
One of my friend was in same situation as you are in now.since he droped out from school from second semister he completed 6 courses (18 credit hr),after he worked in H1 for 2 years he againg joined the same school for an MBA program and he managed to transfer some credit hours from previous courses,he enrolled in most of the online courses offered by the school and finished his MS.
Here is what he experienced at the time of Stamping.
1) Why did you left the school from second semister?
He said he got the nice job offer which he can not turn down
2) Why did he go back to school after two years
He said that he needed the MBA at his current working company to move on to better position.
He got his visa after the W2 and pay stubs verified by the counsler (latest 5 stubs)
hope this info helps
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